Access and Interference
You will not use any robot, spider, crawling, scraping, or other automated device, process, or means to access the Site, nor will you use any manual process to monitor or copy the Site or the Materials contained thereon for any unauthorized purpose without the Academy's prior written permission. You will not use any device, software, routine, or take any action that interferes with the proper working of the Site.
Registration and Account Security
You represent and warrant that the registration and enrollment information you provide to the Academy is and will remain true and accurate. You are solely responsible for the security and confidentiality of your password and account. Furthermore, you are solely responsible for any and all activities that occur under your account. You agree to immediately notify the Academy of any unauthorized use of your account or any other breach of security with regard to your use of the Site of which you become aware.
Forums and Public Communication
For your convenience, the Site may offer discussion forums and blog opportunities ("Forums") where you and other users can submit content for public viewing ("Forum Content") to facilitate your socializing and networking with others interested in dog training. You agree that all Forum Content is the sole responsibility of the individual or entity from whom such Forum Content originated. This means that you (and not the Academy) are entirely responsible for all Forum Content that you submit via the Forum or elsewhere on the Site. The Academy does not control or guarantee the accuracy, completeness, usefulness, integrity, or quality of Forum Content. You understand and agree that you may be exposed to Forum Content that is offensive, indecent, or objectionable. Under no circumstances will the Academy be liable in any way for any Forum Content, including any errors or omissions in any Forum Content or any loss or damage of any kind incurred as a result of the use of any Forum Content submitted via the Site.
Your Participation in the Forums
You agree that you will not use a Forum or the Site to submit or otherwise make available Forum Content that:
- Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, racially or otherwise hateful, or otherwise objectionable;
- Harms minors;
- Impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity;
- Conflicts with any obligations you have under law including under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
- Infringes any copyright, trademark, patent, trade-secret, or other proprietary rights of any third party;
- Constitutes or contains unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation;
- Constitutes or contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interferes with or disrupts the Site, related services, or servers or networks connected to the Site or disobeys any requirements, procedures, policies, or regulations of networks connected to the Site or related services;
- Violates any applicable local, state, national, or international law or any regulations having the force of law; or
- Is used to stalk or otherwise harass another.
Forum Content Posted to Forums
The Academy currently offers certification of Academy training ("Certification") of enrollees who complete the Course, submit a video demonstrating their ability to apply lessons of the Course in an actual training situation, and obtain a satisfactory score on an exam testing their mastery of principles taught in the Course. The Academy may change the criteria for Certification or discontinue the availability of Certification at any time without notice. You acknowledge and agree that the determination of whether the criteria for Certification are met is in the sole discretion of the Academy and that enrollment in the Course does not assure Certification. Moreover, the Academy reserves the right to revoke a user's Certification at any time and for any reason, or for no reason, and without prior notice, in the sole and absolute discretion of the Academy. You further acknowledge and agree that the Academy will have no liability whatsoever on account of any user's failure to receive Certification or the revocation of any user's Certification.
Academy Referral List
Any enrollee who obtains Certification may request inclusion on the Academy's referral list ("Referral List") by completing a form obtainable from the Academy. The purpose of the Referral List is to provide a resource to dog owners to find competent trainers who train without aversives (pain, fear, coercion, etc.). Accordingly, you acknowledge and agree that the determination of whether the criteria for inclusion on the Referral List are met is in the sole discretion of the Academy and that Certification does not assure inclusion on the Referral List. Moreover, the Academy reserves the right to remove anyone from the Referral List at any time and for any reason, or for no reason, and without prior notice, in the sole and absolute discretion of the Academy. You further acknowledge and agree that the Academy will have no liability whatsoever on account of any user's failure to be placed on the Referral List or removal from the Referral List.
Claims of Infringement
The Academy respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), the text of which may be found on the U.S. Copyright Office site at http://www.copyright.gov/legislation/dmca.pdf, the Academy will respond expeditiously to notices of alleged copyright infringement that are duly reported to its designated Copyright Agent identified in the notice below. The Academy will disable and/or terminate the accounts of users who are repeat infringers. If you believe your content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Academy's Copyright Agent the following information:
DMCA Notice of Alleged Infringement ("Notice")
- Identify the copyrighted work that you claim has been infringed, or, if multiple works are covered by the Notice, you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing and provide a description of where the infringing work is located on the Site.
- Provide your mailing address, telephone number and, if available, email address.
- Include both of the following statements in the body of the Notice:
- I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use).
- I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.
- Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to the Academy at:
Jean Donaldson (Copyright Agent)
The Academy for Dog Trainers LLC
PO Box 8655, Emeryville CA 94662
While the Academy considers all such notices seriously, you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that content or activity is infringing. For example, see http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/. Accordingly, if you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use) you may wish to seek the advice of an attorney.
YOUR USE AND BROWSING OF THE SITE AND ENROLLMENT IN THE COURSE ARE SOLELY AT YOUR OWN RISK. THE SITE, EVERYTHING ON THE SITE, AND ALL MATERIALS PROVIDED IN CONJUNCTION WITH THE COURSE, INCLUDING THE MATERIALS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE ACADEMY, ITS AFFILIATES AND AGENTS, SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITATION, THE ACADEMY, ITS AFFILIATES AND AGENTS MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE SITE, THE COURSE, OR THE MATERIALS, AS APPLICABLE, WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR ITS SERVER, OR THE SOFTWARE USED TO DELIVER THE COURSE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN ADDITION, THE ACADEMY, ITS AFFILIATES AND AGENTS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE USE OR RESULTS OF THE USE OF THE SITE, THE MATERIALS, OR THE COURSE. YOU UNDERSTAND AND AGREE THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT WILL THE ACADEMY OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE, THE MATERIALS, OR THE COURSE, WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT CLAIM, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF THE ACADEMY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE ACADEMY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN ACCESSING THE SITE OR ENROLLING IN THE COURSE.
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